Who owns the raw video?

B

barrykriha

New member
Just wondering what others do when they shoot a production for a company. Does the company own the raw footage, or do you?

I have shot a video for a company, and gave them the finished product. Now they want all of the raw video from me. They say it's for their records and because it was shot on their property with their people, it's all theirs.

I'm saying that it's mine becasue if they want any additional videos produced, they have to use my services. I have a feeling they just want the video so they can hire someone cheaper to edit their videos, or do them inhouse.

Curious to see what other have to say.

Regards,

Barry
 
Barry,

It depends on the shoot. Most often, the proco will keep the masters.

If the job is their contract (they're contracted with the end-client or network) and you haven't been sub-contracted to provide services (even through post and deliverables), then I'd say that the master source footage is theirs. Even so, if it is their contract, they might rightfully and legally request the masters once you're done with the edit anyway.

You might be able to work out the details for use of the footage for your demo and company reel, but having control over the masters doesn't sound likely.

e
 
in my experience, it's theirs. it's common for a client to hire multiple companies for video production. one to shoot it, another to cut it. all you can do is continue to make bids on subsequent editorial jobs with them.

my dvd/epk clients are primarily the major studios (disney, universal, sony, etc) and they definitely own all the b-roll and interview footage no matter who they hired to shoot it. this way they can send the same footage to multiple vendors for different projects -- hbo first look specials, dvd behind the scene, electronic press kits, sizzle reels, etc.
 
Last edited:
The company that hired you owns the video. They hired you to shoot a video. Unless you had them sign a contract that said you retain the rights to the footage.
Work for hire:
http://en.wikipedia.org/wiki/Work_for_hire

barrykriha said:
I'm saying that it's mine becasue if they want any additional videos produced, they have to use my services.
Click to expand...
Why do they have to use your services? There's no point of law that supports your statement. The footage is theirs, they can do whatever they want with it.

Ideally, you maintain a good relationship with your clients and library their tapes as a coutesy. Over time you become the production company of choice because you have a large library of their footage in house. It's a lot easier to do the work at the post house that has all the footage.

The gray area regarding clients rights deals with project based material. This includes the NLE project data, AE project data, Pro Tools data, etc. Most production deals fail to specify the ownership of these data sets. The only way to avoid a major hassle if a client relationship goes sour is to clearly state everything in the contract up front.

One last thing and I'll shut up. Client relationships can take years to build. Reputations can be ruined in an instant. If you choose to be difficult with this client they will likely speak poorly about your company. If you create a big enough stink you could lose future work with other companies because of a soiled reputation. Sometimes it's best to take your lumps an move on. Give them the tapes, smile and tell them that you look to working with them again.
 
I agree with most of what has been said...

But did you get paid for the gig... or was this a freebie to get more work...

Just in case it was a freebie... to get future work... you still should of had a contract stating that you retain the rights to the footage until they pay you for your services...

Just a different thought on the matter.,,
 
Thanks for the advice. It makes sense.

To GaryinCalifornia: Yes, I did get paid for the intitial gig. Long story short, the person I was working with on this project (one shoot, three videos) left the company after the one shoot and just one video. So I'm guessing they want someone else to do the other two videos.

Another question, then. Do you charge them to dub all of the master material over? And how long do you keep the video? (OK, two questions).
 
Generally Speaking if a client contracts me to record content then they own the footage. I also charge my clients for tape stock so that I don't have a problem with giving them the master footage. Now in regards to project files and things of that nature I have in my policies that I keep project information which includes digitized footage, Project files etc. for a period of 30 days then I don't keep it unless they pay for storage from me.

Just because I shoot an event for a client in no way obligates them to utilize me for the editing unless that was a stipulation of the project
 
It's theirs. Plus, why would you want it anyway? If you're trying to hold a gun to their head then your value proposition is shot. They used you because they wanted to, not because they had to so act like that. Even if you don't like the fact they own the footage look at it this way, the relationship with them is worth more than what they could possibly do with the footage/screw you out of.
 
You must log in or register to reply here.
Back
Top